This Supplement to the 6th Edition of Shareholder’s Rights brings the main work up-to-date with new case law, including many Hong Kong, BVI and Cayman Islands cases, and in particular:-
- Covers F&C Alternative Investments (Holdings) Ltd v Barthelemy on the exceptional recognition of a fiduciary relationship between shareholders and members of LLP’s
- Examines recent cases on the construction and implication of terms in articles of association and shareholders’ agreements, including Cream Holdings v Davenport
- Focuses on the construction, implication and application of contractual duties of good faith in shareholders’ agreements
- Follows the several recent judgments of David Richards J. (and the Court of Appeal) in the long-running case of McKillen v Misland (Cyprus) Investments Ltd, culminating in Re Coroin Ltd
- Re-evaluates Oak Investment Partners XII Ltd Partnership v Boughtwood
- Discusses the recent judgment of Arden L.J. in Annacott Holdings Ltd, Re v Attwood, a case concerned with excessive directors’ remuneration and case management
- Looks at the recent judgment of Barma J. in Re CY Foundation Group Ltd, in which relief was granted on the unfair prejudice ground in respect of a listed company for breach of the listing rules
- Discusses Crossco No.4 Unlimited v Jolan, where the Court of Appeal was divided as to the basis of its earlier decision in Banner Homes v Luff Developments
- Reviews Caldero Trading Ltd v Beppler & Jacobson Ltd
- Looks at recent Court of Appeal decisions concerned with judicial interference with expert valuations
- Reviews the judgment of Briggs J. in Re Rodenstock Gmbh on the question of the court’s jurisdiction to wind up foreign companies
